Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e.

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Stare Decisis Administrative Law Construction Laws 53

SCOTUSBlog

APRIL 27, 2022

Baltimore, Maryland, and Cincinnati, Ohio, like many cities, have municipal excise taxes on “outdoor advertising” — essentially, a business tax on rental billboard advertising space. The Ohio Supreme Court held that the Cincinnati tax was constitutionally impermissible under the First Amendment. City of Cincinnati, Ohio v.

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Statute Stare Decisis Court Drafting 98

SCOTUSBlog

APRIL 20, 2022

Tyrance McCall, a Florida resident, filed suit in Georgia against Cooper Tire & Rubber Company, a Delaware corporation with its headquarters in Ohio, after a 2016 accident in Florida resulted from the alleged failure of a tire that Cooper manufactured in Arkansas. Court of Appeals for the 8th Circuit upholding a similar Iowa law.

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Statute Stare Decisis Court Manufacturing 107

SCOTUSBlog

NOVEMBER 7, 2022

Natural Resources Defense Council , holding that courts should defer to a federal agency’s interpretation of the laws it administers if those laws are ambiguous. The veteran, Thomas Buffington, initially served for eight years and received disability benefits for tinnitus after leaving the Air Force.

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Stare Decisis Court Rules Court Government 98

The Crime Report

NOVEMBER 19, 2021

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. Or does stare decisis make it stuck as a precedent?

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Court Stare Decisis Court Decisions Law School 122